STATE v. DONALD

No. 09 MA 172.

2011 Ohio 3400

State of Ohio, Plaintiff-Appellee, v. Johnny Donald, Jr., Defendant-Appellant.

Court of Appeals of Ohio, Seventh District, Mahoning County.

Dated: July 1, 2011.


Attorney(s) appearing for the Case

Attorney Paul J. Gains , Prosecuting Attorney, Attorney Ralph M. Rivera , Assistant Prosecuting Attorney, 21 W. Boardman St., 6th Floor, Youngstown, OH 44503, for Plaintiff-Appellee.

Attorney Gary Van Brocklin , P.O. Box 3537, Youngstown, OH 44513, for Defendant-Appellant.

Before: Mary DeGenaro, Cheryl L. Waite, Joseph J. Vukovich.


OPINION

DeGENARO, J.

{¶1} Defendant-Appellant, Johnny Donald, Jr., appeals the decision of the Mahoning County Court of Common Pleas resentencing him for one count of felonious assault following a remand from this court. Donald argues that the trial court erred by failing to recuse itself following an oral request for recusal by Donald during the resentencing hearing. Second, he asserts that trial counsel was ineffective for failing to...

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